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Rights Guarantee and Nationalism

Author: GaoChengJun
Tutor: SuYiXing
School: Northwest Normal University
Course: Legal Theory
Keywords: Multinational state Constitutionalism Protection of the rights National identity Northwest Minority
CLC: C95
Type: Master's thesis
Year: 2008
Downloads: 22
Quote: 0
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Abstract


Imagined community of the nation-state stability and orderly transport to do, the basis of access to resources and legitimacy to the authority of the country in the field of decision-making, action, multi-ethnic country is bound to create some sort of unified link ties and identity foundation, effective achieve national integration, which seem special geographical, ethnic, religious, cultural, and economic situation in Northwest Minority Areas particularly important. What is this that bond? Should emphasize their ethnic, cultural identity or national, constitutional recognition as this individual? What kind of things can strengthen national identity, without affect individual freedoms and rights, but also to prevent them toward radical nationalism? same root blood affection, sharing weal and woe of historical memory, cultural traditions, ideology penetration difficult to inter homes indoctrination? common citizenship and their rights protected? This article is the thinking based on the above issues, try the northwest minority areas as a starting point, using a combination of theoretical and empirical, multidisciplinary research to answer these questions, in order to achieve the effect of forward. Chapter select Constitutional Construction and ethnic minorities in multi-ethnic country individual identity, national identity and national identity discourse, to prove the nation as an entry point to the minority areas of northwest China, in the context of the multinational state constitutional construction identity is the most major multi-ethnic bonds of connection and recognition basis. Second chapter strengthen national identity, reflection of the multi-ethnic country, and learn from Taylor, John Rawls and Habermas's point of view, from the theoretical aspects of the right to protect the institutional foundation of the national identity and constitutional protection, modern society based on the rule of law to enhance ethnic national identity of the Member States of the core ways: not only can enhance the sense of national identity of ethnic minorities, and national identity along the healthy direction. The third chapter borrows a series of alternative indicators \From an empirical perspective to further prove the positive relationship between the protection of the rights of national identity, from the other hand to show the achievements of Northwest Minority civil rights since the founding. Chapter IV, Chapter V on the empirical analysis of the factors of the obstacles faced by the further development of the protection of the rights of citizens of the Northwest Minority Areas, pointed out that these factors will affect this region minority national identity potential resistance. To solve these problems, the path selection and the measures of protection of the rights of citizens of this region correction to make some preliminary recommendations to further promote the national identity of ethnic minorities. The most basic conclusions The conclusion further clarify the context of the analysis of the article and thus deduce papers: national identity is the most major multi-ethnic bonds of connection and recognition basis; awareness of national identity in a modern society based on the rule of law, promotion of national members should be mainly through legal means, rather than through, for example, cultural, ideological, and political strategies to achieve. At the same time, forward-thinking that this conclusion for the future of global civil society still adaptive.

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